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Florida Medical Malpractice Lawsuit Requirements


If you have been injured because of medical malpractice in Florida, there are certain requirements you must meet before you can file a lawsuit. 

Statute of Limitations for Medical Malpractice Lawsuits in Florida 

According to the statute of limitations in Florida, you (the plaintiff) must file a medical malpractice lawsuit within two (2) years of the date when you discovered the injury or when you should have reasonably discovered the injury, or – at the latest – within four (4) years from when the malpractice took place. If you fail to file a lawsuit within the deadline, your case will ultimately be dismissed. 

However, one exception to the time limit is if the doctor or medical professional fraudulently concealed or hid the malpractice by knowingly and intentionally deceiving you, so that you would not discover the negligent act. In this case, you have two (2) years from the date when you discovered the injury or seven (7) years from when the malpractice happened to file a lawsuit. 

Another exception to the two-year time limit is when a minor younger than eight (8) is the malpractice victim. 

Notice of Medical Malpractice Claim 

State law also requires that you must notify each defendant of your intent to sue before you can file a medical malpractice lawsuit. 

You must include the following information in the notice: 

  • All the healthcare providers who provided treatment for your condition 

  • All the healthcare providers who you saw two years prior to the alleged malpractice 

  • Copies of all medical records 

Expert Affidavit 

Before you file the notice of claim, you need to obtain an affidavit from a medical expert. The affidavit must state the reason you have reasonable grounds that the defendant(s) committed medical malpractice. 

Pre-Suit Investigation 

After you file the notice of claim, the defendants will conduct a pre-suit investigation that will last up to 90 days. Once the 90-day period ends, each defendant must either (1) deny the claim, (2) offer a settlement, or (3) request abirritation. 

The statute of limitations will be paused during the investigation period, which gives you and the medical professionals time to resolve the case out of court. If you believe the defendant will not settle prior to the end of the 90-day period, you have 60 days or the remainder of the statute of limitations to sue, whichever is longer. 

Authorized Release of Medical Records 

Lastly, you must provide each defendant with authorization for the release of protected medical information. The healthcare providers will then have a chance to obtain their own medical records and perform their own investigations. 

If you are interested in filing a medical malpractice lawsuit in Weston or within the surrounding area, contact Rash Mueller today at (954) 914-7116 for a free consultation. Get a legal team with more than 30 years of experience on your side! 

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